Surendra Birua Vs State of Odisha

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BLAPL No. 398 of 2020

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SURENDRA BIRUA … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

03.11.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Patna P.S. Case No.117 of 2019 corresponding to S.T. Case No. 26/138 of 2019 pending in the Court of learned Asst. Sessions Judge (STC), Keonjhar for alleged commission of offences under sections 376/506 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Asst. Sessions Judge (STC), Keonjhar, which was rejected on 07.01.2020.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.09.2019, charge sheet has already been submitted under sections 376/506 of the Indian Penal Code and after going through the 164 Cr.P.C. statement of the victim, who is aged about 40 years and taking into account the period of detention in judicial custody and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Surendra Birua v. State of Odisha

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Surendra Birua v. State of Odisha

Case brief

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